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(영문) 광주고등법원 (전주) 2014.04.01 2014노34
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable.

2. The judgment of the defendant led to the confession of all of the crimes of this case and the attitude of reflecting his mistake in depth, and the defendant appears to have committed each of the crimes of this case as well as the defendant's living without his family after being released from the same crime and living without being separated from his family. The amount of damage caused by each of the crimes of this case is not large, and some of the victims (K and E) do not want punishment against the defendant, and the circumstances such as the defendant's poor family environment are favorable to the defendant.

However, on the other hand, the Defendant had been punished nine times as the same criminal power prior to each of the instant crimes. In particular, on December 16, 2010, the Incheon District Court sentenced four months of imprisonment with prison labor for fraud and completed the execution of the sentence on July 29, 201, and again committed each of the instant crimes during the repeated crime period. The lower court sentenced the Defendant to three years of imprisonment with prison labor, which is the lowest possible range of punishment subject to discretionary mitigation and the above recommended sentence through a repeated crime (three years to six years of imprisonment with prison labor) based on the recommended sentencing guidelines for the enactment of the Supreme Court Sentencing Committee (a larceny crime group, habitual repeated crime, larceny, and the scope of recommended punishment), and the Defendant was sentenced to three years of imprisonment with prison labor, which is the highest range of punishment sentenced to discretionary mitigation and the above recommended sentence, and there is no special change of circumstances that could vary from the above sentence of the lower court, and the Defendant’s age, character and behavior, environment, motive or circumstance of the crime, means and result of the crime, etc.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no reason to do so. It is so ordered.

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